View full sizeExpress-Times File Photo | BILL ADAMSA legal challenge has been filed in Bethlehem Township, Pa. to a new zoning amendment that allows for gas stations, convenience stores and restaurants in more commercial areas.

Developer Abraham Atiyeh has filed a legal challenge to a new zoning amendment that allows for gas stations, convenience stores and fast-food restaurants in more commercial areas in Bethlehem Township, Pa.

Atiyeh claims the amendment, which was approved June 4, was done specifically to benefit one property owner and is therefore illegal.

Though the amendment was requested by a developer looking to open a Sheetz gas station and convenience store on William Penn Highway, township officials argue the amendment affects all property owners in their several commercial overlay districts.

Atiyeh’s legal challenge was almost thrown out tonight on that point alone. Zoning board member Jerry Batcha argued he didn’t think Atiyeh’s challenge is valid since he claims it benefits a single property owner when it doesn’t.

The rest of the board, however, thought they should give Atiyeh’s attorney, Mike Carr, more time to prepare his case. Carr requested a continuance to review township documentation about the ordinance and to sort out a notification issue.

The zoning board ruled to require Atiyeh to send notification of his zoning challenge to everyone within 400 feet of the township’s commercial overlay districts. There are several such districts in the township, including significant portions of William Penn Highway near Route 33, Route 191 near Route 22 and Easton Avenue near Willow Park Road.

“He has to give proper notice,” board Chairman Stephen Szy said. “That’s state law and it’s part of the ordinance.”

Carr warned he might also challenge the notification requirement. He estimated Atiyeh would be required to notify thousands of people since there are several affected districts and they are surrounded by dense residential neighborhoods.

Developer Lou Pektor sought the zoning amendment so he could open a Sheetz as part of his planned 50,000-square-foot commercial plaza called William Penn Commons across from Farmersville Elementary School. His plans were supposed to go before the township planning commission for final approval Monday but Pektor said he’s awaiting more information from the state transportation department. He said the delay has nothing to do with Atiyeh’s challenge.

Township attorney Jim Preston tonight argued that Atiyeh shouldn’t be able to challenge the zoning amendment because he doesn’t own any land in the affected areas. Carr argued he does and will present proof of ownership at the next meeting on the challenge Sept. 26.

Zoning board attorney Larry Fox warned Carr that he will likely have to “go through a number of hurdles” in the case.